2019 Draft Revision:
Covenants, Conditions & Restrictions
Below you will find a proposed draft of a revised version of the Cooper Landing Covenants, Conditions and Restrictions (CC&Rs). Adopted in 2006, you may view the original 2006 CC&R’s here.
Please review the proposed/revised CC&Rs below. Any places that have proposed revisions will display the new text and will be in bold and underlined. Clicking on the bold & underlined text will take you to a page which will show you a “side by side” comparison of the current and the proposed changes. On the comparison pages you may submit feedback and/or other modifications. You do not need to “approve” the changes within the comments, these will be voted upon at the annual meeting in May. Comments are allowed only from Cooper Landing residents who are current on their annual 2019 dues; other comments will be deleted.
Important changes of note:
All references made to the “developer” within the CC&Rs have been changed to reference the Home Owners Association (HOA) and/or the HOA Board of Directors. The original developer is no longer in a role to provide oversight for any changes within the community.
A correction was made to correct text which provides the HOA with support to ensure that the CC&Rs are enforceable. The original document incorrectly referenced “paragraph 3.2” when it should have been “paragraph 6.3.” The text throughout was adjusted to read, “…and the cost thereof shall be charged back to the lot owner as a lien and shall be covered by paragraph 6.3 hereof.”
There are four section of the CC&Rs are not included for review. Changes have been made to these sections only to the extent as referenced in #1 and #2 (above). You may review these sections on the original CC&Rs here.
INTRODUCTION
Presents the legal geographic boundaries of the communityARTICLE I
Unchanging features related to electric, water, sewer, gas, easements, and other such itemsARTICLE V - DEVELOPER’S RESERVED RIGHTS:
Outlines the original developer’s rights and the timing/process of hand off to the HOA.ARTICLE VI - PRUDENTIAL CONSIDERATIONS
Details the enforcement and expectations related to the HOA and its residents.
ARTICLE II
RESIDENTIAL DWELLING AND LOT IMPROVEMENTS
2.1
Dwellings. Unless waived by the Cooper Landing Home Owners Association (the “HOA”) in writing, the following standards shall apply to all dwellings in the subdivision:
2.1.A. Dwelling size. All single story dwellings shall have a minimum living space of at least 1,800 square feet. Dwellings in excess of a single story shall have a minimum living space of 1,000 square feet at the lower level and a total minimum living space of at least 1,800 square feet. Square footage shall be computed on measurements over frame of the living space, exclusive of porches, patios, and garages.
2.1.B. Masonry. All dwellings shall have at least seventy five percent (75%) of the exterior walls thereof comprised of brick or stone to the first floor plate line provided, however, that the area of all windows, covered porches and doors located in the exterior walls shall be excluded in the determination of the area of said exterior walls. On corner lots, there shall be a wainscot of masonry along the side of the house that faces the street. In all cases, the masonry shall extend to the ground line, whereby the foundation shall be concealed. [Removed text.]
2.1.C. Garages. All dwellings shall have attached garages suitable for accommodating a minimum of two (2) standard size automobiles. All garages shall be accessed by an overhead garage door. Carports shall not be permitted.
2.1.D. Patio covers. All patio covers shall be an integral part of the residence such that they are contained within the roof line and shall be constructed with the same design, shingle color and materials as the residence.
2.1.E. Driveways. All driveways into a lot from any street shall be constructed of concrete and shall not be less than fourteen (14) feet in width and shall extend to the edge of the street surface material. Each driveway will have either a uniform concrete curb/headwall or the headwall will be constructed of masonry to match the brick of the home. The drainage culverts underneath the driveways shall be round plastic and sized as shown of the final plat. The ends of such culverts shall not extend beyond the headwalls. Drainage culverts that were completed prior to May 2019 will not be required to make changes unless due to other safety and/or aesthetic considerations.
2.1.F. Mail boxes. All mail boxes visible from the street shall be black in color and either cast iron or designed within a brick enclosure.
2.1.G. Roof pitch; materials. The roof of the dwelling shall have a pitch of at least 6/12 over 100 percent of the total roof area, and none of the roof area shall have a pitch of less than 4/12. Roof materials shall be Heritage 30-year or equal composition shingles and shall be earth tone or black in color.
2.1.H. Sodding; landscaping. Upon completion of construction of any residence, the builder shall be responsible for carefully re-establishing the final grade of the bar ditch to permit the free flow of storm water. The bar ditch shall be full sodded up to the edge of the street surface material. The front yard of each lot must either be fully sodded or seeded. Corner lots, however, must be fully sodded up to the edge of the street surface along the bar ditch on both sides of the lot and shall either be fully sodded or seeded on front, back, and side yards. Each lot shall have a professional landscape package installed in the front yard upon completion of the construction of any residence.
2.2
Approval of plans. For the purpose of further ensuring the development of the subdivision as an area of high standards, the HOA reserves the power to control the buildings, structures and other improvement placed on each lot, as well as to make such exceptions to these covenants as the developer shall deem necessary and proper. In its review of the plans or consideration of any request for waiver herein authorized, the HOA may take into consideration the nature and character of the proposed building or structure, the materials of which it is to be build, the availability of alternative materials, the site upon which it is proposed to be constructed, and the harmony thereof with the surrounding area.
2.2.A. The developer/HOA shall not be liable for any approval, disapproval or failure to approve hereunder, and its approval of building plans shall not constitute a warranty of or responsibility for building methods, materials, procedures, structural design, grading, drainage, restrictive covenant compliance or code compliance. The approval, disapproval, or failure to approve of any building plans shall not be deemed a waiver of any restrictions, unless the developer/HOA is herein authorized to grant the waiver and the developer/HOA did, in fact, grant the waiver. It is the responsibility of each lot owner, and not the developer/HOA, to ensure that such owner’s grantor and/or builder has caused the subject lot, and all improvements thereto, to be in full compliance with all relevant covenants and restrictions imposed upon the subdivision.
2.2.B. The respective owner of each dwelling and the owner’s builder shall be responsible for all structural design, geotechnical design, grading, drainage, and all other structural aspects of the dwelling independent of the developer/HOA and the developer’s/HOA’s engineer. Said owner and builder shall construct all aspects of the dwelling in accordance with all federal, state, and the Town of Skiatook building codes.
2.3
Set-back lines. No buildings, outbuildings, structures, or parts thereof shall be constructed or maintained on lots nearer to the property lines than the set-back lines provided herein or shown on the accompanying plat. Unless otherwise provide by easement or set-back lines shown on the accompanying plat, the minimum building set-back lines for dwellings or other outbuilding structures shall be:
Front yard: 35 feet
Side yard: 15 feet
Other side yard: 15 feet
Back yard: 25 feet
2.4
Fences. The following restrictions shall pertain to fencing: no fence or wall shall be erected, placed or altered on any lot nearer the street than the minimum set-back lines established herein. No fence shall be erected on any lot closer to any street than the main structure. No fence on any lot shall be less than four (4) feet in height or exceed six (6) feet in height. No fences shall be constructed on overland drainage easements or upon walkway or access easements which in the opinion of the HOA would impair or hinder the intended use thereof.
In addition to all fencing restrictions set forth in the paragraph above, the following fencing restrictions shall apply to all lots:
2.4.A. In the event a fence is erected upon a lot, such fence shall be constructed within the following guidelines. A wood post and rail structure must have black vinyl chain link thereon and must be at least four (4) feet in height. A privacy fence may not exceed six (6) feet in height and must be constructed of materials that will maintain an appealing aesthetic presentation.
2.5
Outbuildings. All tool sheds, hobby rooms, garages, or other detached structures or outbuildings shall conform to the basic exterior paint colors of the dwelling. Detached structures or outbuildings must be constructed to appear as a complementary addition to the primary house/dwelling. All such structures or outbuildings shall have a minimum floor area of 160 square feet.
2.6
Antennae. No television, radio, or other antennae or reception devices other than an eighteen (18) inch or smaller television satellite dish, shall be constructed or maintained on any lot. [Removed text.]
ARTICLE III
LOT USE AND RESTRICTIONS
3.1
Lot use. Lots shall be used only for residential single-family purposes. No residential lot shall be used for any business, commercial or manufacturing purpose; provided, however, the developer may permit a model home or similar sales office to be implemented and maintained by a builder for a fixed time period, at the developer’s sole discretion. No residential lot may be subdivided to accommodate two or more separate owners or dwellings. No structure shall be placed, altered, erected or permitted to remain on any residential lot which exceeds two (2) stories in height. No dwelling not meeting a specific building code identified by the developer may be moved onto a residential lot. No structure of a temporary character may be used as a residence. No dwelling constructed elsewhere shall be moved into Cooper Landing. No mobile home shall be moved into or be present in Cooper Landing, except that the developer or its designee(s) may use such a mobile home as a temporary sales office.
3.2
Noise/nuisance. No noxious or offensive activity of any sort shall be permitted nor shall anything be done on a residential lot which may be or may become an annoyance or nuisance to the subdivision. No exterior speaker, horn, whistle, bell, or other sound device, except security and fire devices used exclusively for security and fire purposes, shall be located, used or placed on a residential lot. Activities expressly prohibited on residential lots are those which may be offensive by reason of odor, fumes, dust, smoke, noise, vision, vibration, or pollution, or which are hazardous by reason of excessive danger, fire, or explosion.
3.3
Animals. No animals, livestock or poultry of any kind shall be kept on any residential except for domesticated household pets. No more than a combined total of four (4) adult dogs or cats (6 months old or older) shall be maintained on any residential lot. Excessive barking by any dog shall, in the sole opinion of the HOA, be deemed a nuisance and immediately subject the dog to impound and the owner thereof to a fine in an amount levied by the HOA Board of Directors and the cost thereof shall be charged back to the lot owner as a lien and shall be covered by paragraph 6.3 hereof. Animals shall not be permitted on any lot which does not contain a dwelling being used as a residence. No kennels are permitted. All animals must be licensed and tagged in accordance with current Skiatook City Code of Ordinances, and must be fenced in or kept on a leash. Owners must clean up animal waste both on their own property as well as any waste which may have been left on the property of another community resident. Animal shelters shall be screened from view from any street unless built in conformity to the requirement for outbuildings herein. Animals shall not be permitted to roam on neighborhood streets, yards, or any of the reserve areas, and at the option of the HOA, steps may be taken to control any animals not under the immediate control of their owners, including the right to impound such animals and to charge fees for their return. Violations will be subject to referral to the City of Skiatook Animal Control.
3.4
Lot maintenance. All residential lots shall be kept at all times in a neat, attractive, healthful and sanitary condition, and the owner or occupant of all residential lots shall keep all weeds and grass thereon cut and shall in no event use any residential lot for storage or materials or equipment except for normal residential requirements or incident to construction of improvements thereon as herein permitted, or permit the accumulation of garbage, trash or rubbish of any kind thereon. All yard equipment or storage piles shall be kept screened from view of neighboring lots, streets, or other property. The HOA reserves the right for its agents or designees to enter upon any residential lot for the purpose of maintenance if a lot is not being maintained in a manner acceptable to the HOA and the cost thereof shall be charged back to the lot owner as a lien and shall be covered by paragraph 6.3 hereof.
3.5
Wind generators, solar collectors. No wind generators or solar collectors shall be installed without the prior written approval of the HOA.
3.6
Clothes lines. The drying of clothes in public view is prohibited.
3.7
Aircraft. No helicopters, hovercraft, or other aircraft shall be landed, stored or parked within the subdivision.
3.8
Air conditioning requirements. No window or wall-type air conditioning units shall be permitted.
3.9
Storage. No outside storage or keeping of building materials, tractors, mowers, equipment, implements or salvage shall be permitted. Building materials may be stored for a period of thirty (30) days prior to the start of construction. Construction shall be completed within nine (9) months after the pouring of the footing.
3.10
Vehicles, motorcycles. No vehicle, motorcycle motor bike, camper, trailer or boat, whether or not operable (collectively referred to as “vehicles”) shall be kept, parked, stood or stored on any yard or grass. Such vehicles shall be kept in a garage or on a concrete driveway or concrete pad. Residents’ vehicles (or vehicles under their dominion and control) shall not be parked or stood in any street for more than 24 hours during any 48 hour period. It is intended that lot owners keep their respective garages free from clutter and debris so that garages may be consistently used for the parking and/or storage of automobiles and trucks.
3.11
Signs. No sign of any kind shall be displayed to the public view on any residential lot, except one sign of not more than five (5) square feet advertising the sale or rent of said property, or signs of the same size limitation used for the purpose of campaigning for a result in any political election, unless approved in writing by the HOA. The HOA, or its designees, may display such signage as the HOA, in its sole discretion, deems necessary for the promotion, sales and/or rental of property owned by the HOA or its designees.
3.12
Waste. No residential lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other wastes. No burning of trash shall be permitted. All waste shall be kept in sanitary containers and all equipment for storage or disposal of such material and all residential lots shall be kept in a clean, neat and orderly manner. All residential lots and all easements thereon shall be kept clean, neat and mowed to the street. Residential waste containers should not be positioned along the street any earlier than the night before collection, and must be removed from the curbside placement by the end of the day after refuse collection vehicles have emptied the container(s).
3.13
Water service. Potable water shall be purchased from Rural Water District No.3, Washington County.
3.14
Sanitary sewer disposal. Sewage shall be disposed of by individual on-site DEQ-approved septic tank disposal systems. No other on-site individual sewage disposal systems shall be allowed. All sewage disposal systems shall be installed and maintained in accordance with the rules and regulations set forth by the Oklahoma Department of Environmental Quality.
3.15
Drainage. Each lot shall receive and drain in an unobstructed manner the storm and surface waters from lots and drainage areas of higher elevation and from public streets and easements. No lot owner shall construct or permit be constructed any fencing or other obstructions which would impair the drainage of storm and surface waters over and across their lot. The HOA expressly reserves the right to enter upon any lot for the purpose of resolving occurring drainage issues related to adjacent or nearby surrounding lots and the cost thereof shall be charged back to the lot owner as a lien and shall be covered by paragraph 6.3 hereof.
3.16
Compliance with code. All residential lots are subject to the uses, restrictions, and requirements of the Oklahoma Department of Environmental Quality.
ARTICLE IV
PROPERTY OWNERS’ ASSOCIATION
4.1
Owners’ association. A property owners’ association, known as “Cooper Landing Home Owners Association,” an Oklahoma not-for-profit corporation, has been or shall be established pursuant to 60 O.S. 1991, Sec 851, et seq., to maintain the entryways and the reserve areas in the subdivision and for such other purposes as shall be deemed advisable. All lawful acts, if any, of Cooper Landing Home Owners Association (the “HOA”), made under and pursuant to its certificate of incorporation and by-laws shall be binding upon the lots contained in the addition and the owners thereof. Membership in the association shall consist of all owners of lots in the addition and all owners of such additional property designated by the HOA.
4.2
Assessments. The following annual assessments shall be made on a per lot basis effective January 1, 2020: $200 per year per lot. Such assessments may be increased ten percent (10%) per year by the HOA Board of Directors and up to fifteen percent (15%) per year upon the affirmative vote of 51% percent of the owners of lots in the subdivision. Such assessments shall be a lien upon the lot assessed. Any such lien may be foreclosed by the HOA and the lot owner shall be responsible for all costs and attorney’s fees incurred by the association in connection with such suit. No lot shall be entitled to more than one (1) vote, regardless of the number of owners. [Removed text.]
ARTICLE VI
PRUDENTIAL CONSIDERATIONS
6.1
Enforcement. Enforcement to restrain or to recover damages for violation of the covenants be brought by the Home Owners Association or an owner of any lot or having any interest therein, whether acting jointly or severally, the association. The Home Owners Association shall not be obligated to enforce any covenant or restriction through legal proceedings or otherwise. If a violation of the covenants is perceived to have occurred, the following steps may be initiated to notify and rectify the perceived violation. To ensure that all residents receive due process, the following procedures shall be followed in all enforcement actions.